Judges would be loath to release those defendants whom they believe to be the most dangerous. Unfortunately, they would be loath to release any defendants. So I propose a simultaneous countervailing incentive in the form of a cash bounty to the judge for each defendant he releases… Whether judges would release more or fewer defendants than they do today would depend on the size of the cash bounty, which could be adjusted to reflect the wishes of the legislature.

… My proposal’s second advantage is that it would encourage clarity. Through ongoing debate about adjustments to the cash bounty, legislators would be forced to take unambiguous stands on fundamental issues of safety versus freedom…